Discretion In Criminal Justice

Superior Essays
The application of discretion is evident throughout the criminal justice field. Discretion, in its simplest terms, is when one makes an informed choice between more than two options. Discretion is more formally defined as “the authority to make a decision between two or more choices” (Pollock, 2014, p. 2). The act of discretion, initiates with legislators; that creates and defines laws, and discretion extends to all areas of the criminal justice field to include prosecutors, judges, correctional officers, and to police officers. By empowering law enforcement officers with the authority of discretion, there is room for abuse, especially when the power is not respected. When the power of discretion is not respected or abused there is an opportunity to cross the ethical boundary. One can remain within the ethical boundaries of discretion by merely making a moral and ethical decision. …show more content…
Discretion gives the officer choices that he or she may explore and allows the officer to apply the best particle decision for a particular encounter. Without discretion, in my opinion, I believe that police officers would never have the time to answer calls for service or conduct any other job function with the exception of conducting traffic stops. If an officer had to enforce all traffic laws, all of the time, the officer would never make it far from the station. At the start their shift and for the entire shift they would commit to only being able to enforce traffic violations. “Discretion in enforcement and prosecution of crime is inevitable; it can be restrained at the margin, but it cannot be eliminated” (Thomas III, 2005, p.

Related Documents

  • Improved Essays

    Criminal behavior is not a lower class monopoly, but is dispersed throughout the classes. Whereas the distribution of punishment falls tremendously and scientifically, on the poor and the underprivileged class. Biased decision-making in the criminal justice system guarantees that the socially privileged are regularly filtered out. The privileged are often given the benefit of the doubt, or are defined as a “good” risk, or they have the ability to access to the top legal guidance. Imprisonment is primarily used for the unemployed, poor, homeless, mentally ill, addicts, and individuals who do not have social support and personal assets.…

    • 283 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The criminal justice system often is examined using political, organizational, or sociological approaches [or lenses] (Pollock, 2010). Asking [simply] whether something is legal [or illegal]…is not necessarily the same question as asking whether something is right [or wrong] (Pollock, 2010). The term “ethics” or “ethical” refers to something “being in accordance with the accepted principles of right and wrong that govern the conduct of a profession.” In the case of police officers, use of discretion, or a lack thereof, in the application of force has direct ethical consequences to which the objectivity of the police officer on scene is subjugated by the subjectivity of a review board after the fact. Actors at every stage in the justice process…

    • 825 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Prosecutorial discretion suggests that the government prosecuting attorneys have the opportunity to choose to bring criminal charges and any other charges. Prosecutors are one of the most powerful officials, which, “also provides a significant opportunity for leniency and mercy in a system that is frequently marked by broad and harsh criminal laws, and, increasingly in the last decades of the twentieth century, by legislative limitations on judges ' sentencing discretion.” The prosecutor has a great amount of authority, stated in the case Bordenkircher v. Hayes, “ as long as the prosecutor has probable cause to believe that the accused committed an offense defined by statue, the decision whether or not to prosecute, and what charge to file or bring before…

    • 1403 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Deadly Force

    • 1605 Words
    • 7 Pages

    Use of Deadly Force Police officers, or any type of law enforcement are here to protect us from any harm. Discretion is something that law enforcement uses and plays a major role in policing. Many people have their own opinion on whether police officers are doing their job the right way. Of course we all have our own views and what the “right way” is and how it differs from people to people. What I believe is that many police officers are not doing their job right due to the fact that there have been many cases in which it is demonstrated that police officers have taken advantage of their position and have used discretion in an inappropriate manner.…

    • 1605 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Police Discretion Essay

    • 893 Words
    • 4 Pages

    The discretion in the criminal justice system is placed to protect society from injustice in the abuse of power. Discretion is a judgment that is exercised by applying principles and values and facts, which can be explored through the police discretionary role, judicial discretion in punishment and sentencing and the effectiveness of the diversionary schemes applicable to the young offenders. Although the role of discretion within the criminal justice system has many advantages, it can lead to many conflicts in the process of conviction. Primarily, this is due to the misuse of powers the police and judge have been given in order to carry out their discretionary role to protect society.…

    • 893 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Disparity In Sentencing

    • 389 Words
    • 2 Pages

    Aside from issues where the law is clear in what an officer “shall” do, the constraints may become more apparent in regards to the community’s perception of certain crimes, community demographics, and the officers themselves. I have experienced this with refugee communities, and it clearly affected how I exercised discretion. In some cases, it became a teaching moment on both the community and me as to what is acceptable behavior and what is not. Taking the time to realize that even though refugees receive some “training” before they arrive in the U.S., not everything is addressed, and assimilation takes time.…

    • 389 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Discretion and the Criminal Justice Professional When does the use of professional discretion cross ethical boundaries dealing with the profession of Law Enforcement? Before we can discuss this question we must first define discretion as it pertains to the profession of law enforcement. The criminal justice system uses four main characteristics to go by discretion, resource dependence, sequential tasks and filtering. (Cole & Smith, 2010) For this paper we will only discuss discretion. Just as people have the right to choose whether they will adhere to the laws or not.…

    • 2213 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    but in this case I feel that they would not truly know enough information for the state’s attorney in order for them to bargain with in order to get a lesser sentence. Therefore, he or she should not use discretion in this situation because it will not truly help…

    • 1049 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    According to the text, discretion is defined as the authority to make a decision between two or more choice. Discretion is one of the key elements that is used in law enforcement. Discretion can be a contributing factor to the integrity of a person in law enforcement. When discretion is used to promote a just or fair result people more likely to feel comfortable in their communities.…

    • 257 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    What is police discretion? Discretion means the availability of a choice of options or actions one can take in a situation. (Dempsey, Forst, & Carter, 2014, p. 143) It can be defined as the police officers’ decision-making power. Police are given freedoms to make decisions on the job and often act as a line between lawfulness and illegal acts.…

    • 113 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The law provides boundaries for officials to work within, however, it does not eliminate them from utilizing discretion. The decisions to intervene in a situation, cite, arrest, or prosecute the individual are all greatly discretionary (Greenleaf, Skogan, & Lurigio, 2008). A police officers ability to utilize discretion is the beginning of what could lead to a long judicial process. When making a traffic stop, they have the decision to issue a verbal warning or issue a ticket. A major downfall to law enforcements discretionary character is ethnic or racial profiling.…

    • 734 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    This report will put forth Dworkin’s case and evaluate his premises by discussing important arguments that exist both in favour and against them, in terms of theoretical soundness and practical feasibility. To begin with, Dworkin distinguishes between “weak discretion” and “strong discretion”, specifying the latter to be the topic of contention. By “strong discretion”, he refers to judges exercising judicial discretion…

    • 910 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    As already stated, judicial discretion encompasses the freedom that judges are assigned by the legal apparatus within a given jurisdiction. The allowances provided by the law to practice discretion mean that personal opinions are usually injected in the making of judgements in the legal system. As such, discretion leads to unpredictability and discrepancies in the issuing of sentences for similar criminal offences. Discretion is a double-edged sword that carries advantage and disadvantages. The advantage of judicial discretion is that it allows for the consideration of the unique circumstance of each case and apply the legal provisions according to these guidelines.…

    • 796 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Police Discretion Essay

    • 1444 Words
    • 6 Pages

    In today’s world, the main issue with discretion is…

    • 1444 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Being a policeman is a hard occupation, they are responsible for maintaining the peace and safety within their communities. Although police are only humans and can not help when emotion, empathy, experiences and personal beliefs affect their judgment in situations. Being viewed as both the bad and the good guys, it is difficult to please everyone in all situations especially when judging a situation and assessing what action should be taken. Police should enforce laws equally, although there are very few circumstances where police must decide if it may not be appropriate or beneficial to all parties to enforce a law, while in other circumstances it is a requirement not determinable by the officer’s discretion. The use of personal discretion…

    • 1403 Words
    • 6 Pages
    Improved Essays

Related Topics